GEORGIA TRAFFIC VIOLATIONS
Athens Georgia Traffic Crime Lawyer
Our Athens attorneys handle the following GA traffic crimes:
| Speeding Drunk driving - DUI Reckless Driving Road Rage Running red light No registration |
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Driving laws in Georgia
The main purpose of driving laws in Georgia is to keep the roads safe by prohibiting unsafe driving. Driving is not a right. It is a privilege but if you violate driving laws in Georgia, you can loose your license. Georgia traffic laws are complex. Contact an experienced Georgia traffic attorney with you have been ticketed or charged with a traffic crime.
Moving and non-moving violations
There are two types of violations: moving and non-moving. Violations directly related to driving like speeding, running a red light or failing to yield to a driver who has the right of way are moving violations. Others violations like parking, physical state of the vehicle, etc are non-moving violations.
The Point System
The point system was introduced to make the roads safe by keeping the dangerous drives off the road. For every traffic ticket issued to a driver, the driver is assigned certain number of points based on the violations. If the accumulated points exceed a pre-determined limit, the license is suspended. The accumulated points include the points accrued in other states. You face automatic license suspension if you accumulate 15 points in a 24 month period.
Here’s how the points system works in Georgia:
Speeding
- 15-19 MPH over the speed limit: 2 points
- 19-24 MPH over the speed limit: 3 points
- 24-34 MPH over the speed limit: 4 points
- 34 MPH or higher over the speed limit: 6 points
Other violations
- Illegally passing a school bus: 6 points
- Aggressive driving: 6 points
- Failure to secure an infant or child: 1 point for the first offense, 2 points for the second offense
- Driving with an open alcoholic container: 2 points
- Failure to secure a load: 2 points
- Failure to follow a traffic signal or command by an officer: 3 points
- Illegal passing: 4 points
- Reckless driving: 4 points
To know more about the points system in Georgia, contact an experienced Georgia traffic attorney.
A driver under 18 will loose his or her license when four points are accumulated. The license of a driver under 21 will be automatically suspended for certain charges including passing a school bus, racing, reckless driving, driving under the influence of drugs or alcohol, hit and run, speeding by more than 24 miles above the speed limit, and several other charges or conditions.
Getting Back Suspended License
How long your license will remain suspended depends on many factors including the number of points and any repeat offenses. The period of suspension can be fairly short or really long. An experienced Georgia traffic attorney can get you permission to drive to and from work if your license is suspended.
Fleeing & Eluding
If a police officer orders you to stop but you don’t, then you will be guilty of fleeing and eluding. Fleeing is a criminal offence. If a police officer orders you to stop, you are required by law to stop. You must stop when the officer driving behind you activates his or her lights and siren.
The police car must be clearly marked and the office must display a badge so that you can identify him or her as a police officer. For safety reasons, you can drive to a well lit place before stopping. You can be pulled over by unmarked cars also. If in doubt, call 911 to confirm.
Fleeing and eluding is a criminal offence. Simple fleeing and eluding is a misdemeanor.
Fines for fleeing and eluding
- First conviction - $300 to $5000
- Second conviction within a five year period - $500 to $5000
- Third conviction within a five year period - $500 to $5000
If you have being asked to stop but instead continue to drive 10 miles over the speed limit while fleeing and eluding, you may be guilty of a felony and you could face one to five years in prison. If you injure anyone while fleeing or leave the state of Georgia, you will be guilty of felony no matter how fast you were driving.
Aggressive driving
You will be charged with aggressive driving if you engage in unsafe driving practices including weaving in and out of traffic, driving at an excessive speed, driving too fast for the conditions, or failing to yield to other vehicles that have the right of way. Aggressive driving is a serious offense which attracts heavy fines. Besides heavy fines, you may you may have to pay more for car insurance, or even have your insurance revoked. You will accumulate 6 points on your license if you are convicted for aggressive driving.
Driving on a suspended license
In most states including Georgia, driving on a suspended license is a criminal offense and you could face a prison sentence. If you move to a new state, you must get a new license within a fixed deadline after which your old license will be considered invalid and you will be committing a crime if you drive on your old license. If you are convicted of driving on a suspended license, you are not allowed to get a limited-use permit to drive to and from work or school.
Penalties for driving on a suspended license
First time conviction can result in a 2 day prison term plus fine of at least $500 plus additional six month suspension of your license over the current suspension. To get back your license, you may have to take a defensive driving test and pay license reinstatement fees. A second conviction in a five year period can result in ten days in prison plus fines ranging from $1,000 to $2,500 plus more time added to the current suspension. The third conviction in a five year period will result in being labeled a habitual violator and you could loose your license for two years.
Driving without a license
Driving without a license is a crime in the state of Georgia - whether it was revoked, suspended or you never got on in the first place.
Driving without insurance
It is illegal to drive without insurance. You can loose your license for 60 to 90 days.
Leaving the scene of an accident
Leaving the scene of an accident can be a crime. If you are involved in an accident, you must follow certain procedures. If anyone is injured in the accident, you must report the accident to the police and wait for the police to complete the formalities. You are also duty bound to help the injured and call for an ambulance or the paramedics. You may be guilty of a felony – hit and run- if you flee the scene before the police arrive and if someone dies as a result of the accident, even if you didn’t cause the accident.
If the accident results in property damage, you must make reasonable effort to contact the owner of the property.
Vehicular homicide
You will be charged with vehicular homicide if you cause an accident that result in the death of another person. The deceased person my have been in your own vehicle or in another vehicle or a pedestrian. A person is charged with vehicular homicide only if the police and the prosecution believe that the person was operating the vehicle illegally or driving in an illegal manner - under the influence of drugs or alcohol, speeding, driving extremely recklessly or a wide variety of other illegal actions. You could face penalties ranging from fines and probation to a year in jail.
Feticide
The killing of a fetus, unborn child is called as feticide. You will be charged with vehicular feticide if you cause an accident that result in the death of a viable fetus. A viable fetus is one that is sufficiently developed to survive outside the womb, even if it must be hospitalized and cared for in a neonatal unit. If the accident was caused by a serious traffic violation, you will be guilty of first degree feticide. An accident caused by a less serious traffic violation can result in a charge of second degree feticide.
Penalties for feticide
- First degree feticide - two to fifteen years in prison.
- Second degree feticide - up to 12 months in prison.
Reckless driving
Reckless Driving is a criminal misdemeanor that encompasses a variety of potential violations that endangers the lives of others including excessive speeding, veering in and out of traffic or any of a number of other driving violations if your violation is so severe others were put in danger. If convicted, you face a fine up to $1000 and prison term of a year besides accumulating points on your license and loosing your insurance.
Road rage
Road rage refers any inappropriate gesture or behavior that is aggressive in nature. Although not illegal in itself, it may result in to moving violations or even arrest. Examples of road rage include obscene gestures, tailgating, trying to cut someone off in traffic, excessive horn honking or light flashing or shouting matches.
Accused of committing a Georgia driving law? Contact an experienced Athens Georgia lawyer immediately.
Our traffic defense attorneys are based in Athens, GA (Georgia). From our offices, we help clients in Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, and Ben Epps Airport, University of Georgia (UGA), Piedmont Judicial Circuit, Northern Judicial Circuit, Athens-Clarke County charged with driving law violations. We can help you fight your driving law violation case. Call (phone).
